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    <title>Florida Mortgage Modification Lawyer Blog</title>
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    <link rel="service.post" type="application/atom+xml" href="http://www.floridamortgagemodificationlawyer.com/cgi-bin/mt-atom.cgi/weblog/blog_id=402" title="Florida Mortgage Modification Lawyer Blog" />
    <updated>2010-03-08T17:04:17Z</updated>
    <subtitle>Published by The Dellutri Law Group, P.A.</subtitle>
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<entry>
    <title>Mortgage Modification in Lee County, Florida </title>
    <link rel="alternate" type="text/html" href="http://www.floridamortgagemodificationlawyer.com/2010/03/mortgage_modification_in_lee_c_1.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridamortgagemodificationlawyer.com/cgi-bin/mt-atom.cgi/weblog/blog_id=402/entry_id=70854" title="Mortgage Modification in Lee County, Florida " />
    <id>tag:www.floridamortgagemodificationlawyer.com,2010://402.70854</id>
    
    <published>2010-03-08T16:51:09Z</published>
    <updated>2010-03-08T17:04:17Z</updated>
    
    <summary>Once again the Government fumbles the ball when it comes to Southwest Florida Homeowners. It started with trying to keep people in their homes with HAMP and HARP. Now, after realizing how poorly planned and executed the programs are, the...</summary>
    <author>
        <name>Carmen Dellutri</name>
        <uri>http://www.dellutrilawgroup.com/</uri>
    </author>
            <category term="Florida Mortgage Law" />
            <category term="Florida Mortgages" />
            <category term="Housing Assistance Bill" />
    
    <content type="html" xml:lang="en" xml:base="http://www.floridamortgagemodificationlawyer.com/">
        <![CDATA[<p>Once again<a href="http://www.whitehouse.gov/issues/urban-policy"> the Government</a> fumbles the ball when it comes to <a href="http://www.nytimes.com/2009/03/05/your-money/mortgages/05housingprimer.html">Southwest Florida Homeowners</a>.</p>

<p>It started with trying to keep people in their homes with <a href="http://makinghomeaffordable.gov/">HAMP</a> and <a href="http://makinghomeaffordable.gov/refinance_eligibility.html">HARP</a>.  Now, after realizing how poorly planned and executed the programs are, the <a href="http://www.whitehouse.gov/issues/urban-policy">government</a> is no longer trying to help homeowners stay in their homes.  Now, the government is trying to force homeowners out, but not without letting the Banks get their pound of flesh. </p>

<p>Under a government plan announced in November, 2009, but not set to go into effect until April, 2010, homeowners who are able to short sale their house will receive $1500.00, banks and servicers on the other hand will receive at least $2000.00. </p>

<p> It doesn’t seem that the banks are willing to let you have the government’s money in the same easy way that they received it. As reported in the New York Post, Wells Fargo vice president had the following quote, “If someone doesn’t come to us saying, ‘I’ve done everything I can, I used all my savings, I borrowed money and, by the way losing my job and moving to another city, and have all the documentation,’ then we’re not going to do a short sale.”</p>

<p>Once again the fix to the housing crisis amounts to little more than a Public Relations attempt to make it look like help is coming for Main Street while Wall Street continues to make big profits.</p>

<p>I will remember that when I vote.</p>]]>
        <![CDATA[<p>This post was submitted by <a href="http://www.dellutrilawgroup.com/lawyer-attorney-1302931.html">David Lampley, Esq.</a> of <a href="http://www.dellutrilawgroup.com/">The Dellutri Law Group, P.A. </a></p>]]>
    </content>
</entry>
<entry>
    <title>Florida Consumer Protection and Homeowner Credit Rehabilitation Act</title>
    <link rel="alternate" type="text/html" href="http://www.floridamortgagemodificationlawyer.com/2010/02/florida_consumer_protection_an_1.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridamortgagemodificationlawyer.com/cgi-bin/mt-atom.cgi/weblog/blog_id=402/entry_id=69617" title="Florida Consumer Protection and Homeowner Credit Rehabilitation Act" />
    <id>tag:www.floridamortgagemodificationlawyer.com,2010://402.69617</id>
    
    <published>2010-02-22T12:04:54Z</published>
    <updated>2010-02-22T13:06:05Z</updated>
    
    <summary>Recently, a new bill has been introduced in Florida. The Bill is called: Florida Consumer Protection and Homeowner Credit Rehabilitation Act. This is one of the most Anti Consumer Bills that I can recall. The Florida Bankers Association presented this...</summary>
    <author>
        <name>Carmen Dellutri</name>
        <uri>http://www.dellutrilawgroup.com/</uri>
    </author>
            <category term="Florida Mortgage Law" />
            <category term="Florida Mortgages" />
    
    <content type="html" xml:lang="en" xml:base="http://www.floridamortgagemodificationlawyer.com/">
        <![CDATA[<p>Recently, a new bill has been introduced in Florida.  The Bill is called:  <a href="http://www.scribd.com/doc/26199482/Florida-Consumer-Protection-and-Homeowner-Credit-Rehabilitation-Act?secret_password=ojt97nkknoeju7f4ejv">Florida Consumer Protection and Homeowner Credit Rehabilitation Act</a>.  This is one of the most <strong>Anti Consumer Bills</strong> that I can recall.</p>

<p>The<a href="http://www.floridabankers.com/"> Florida Bankers Association</a> presented this <a href="http://www.scribd.com/doc/26199482/Florida-Consumer-Protection-and-Homeowner-Credit-Rehabilitation-Act?secret_password=ojt97nkknoeju7f4ejv">bill</a> to Florida legislators.  This bill is designed to kill the due process rights of Florida homeowners by changing us from a judicial foreclosure state to a non-judicial foreclosure state. </p>

<p>The act, titled <a href="http://www.scribd.com/doc/26199482/Florida-Consumer-Protection-and-Homeowner-Credit-Rehabilitation-Act?secret_password=ojt97nkknoeju7f4ejv">The Florida Consumer Protection and Homeowner Credit Rehabilitation Act</a>, really needs to be read by all 18 million Florida residents.  If passed into law, foreclosure lawsuits would be a thing of the past.</p>]]>
        <![CDATA[<p>Foreclosures could be started and completed within ninety (90) days.  The Courts would be eliminated from the process, and with that goes the homeowners rights to due process of law, a trial on the merits, the rules of evidence and the rules of civil procedure.</p>

<p>Even if homeowners hired an attorney to protect their legal rights, the attorneys would have no place to assert a factual dispute or a legal defense to the foreclosure because the forum where these arguments normally happen have been removed from the system.  Well isn't that nice and neat.  </p>

<p>After a lengthy review of the foreclosure problem by a <a href="http://www.floridasupremecourt.org/pub_info/documents/Filed_08-17-2009_Foreclosure_Final_Report.pdf">Task Force</a> created by the S<a href="http://www.floridasupremecourt.org/">upreme Court of Florida</a>, the Supreme Court adopted a new mandatory foreclosure mediation program.  This program is in response to the finding that there is no communication between the homeowners and the lenders.  Therefore, this program would require a lender to sit down with a homeowner and discuss the issues in a neutral setting.  The homeowner would get to speak directly to a decision-maker for the lender.</p>

<p>The Florida Bankers bill seeks to eliminate the mandatory mediation program.  According to the Bankers Association, their members are bending over backwards to communicate with homeowners in an attempt to resolve the issues.</p>

<p>The bill's name is also a joke.  Where is the protection being afforded to the Consumer?  Where is the Credit Rehabilitation?</p>

<p>Does the Florida Bankers Association really believe that the people of the State of Florida are that stupid?  Well, I'm willing to say:  They must believe this because they let one of their representatives publish a <a href="http://www.news-press.com/apps/pbcs.dll/article?AID=20102160319">guest opinion</a> in the Fort Myers, News Press.  Please click <a href="http://www.news-press.com/apps/pbcs.dll/article?AID=20102160319">here</a> for Mr. <a href="http://www.news-press.com/apps/pbcs.dll/article?AID=20102160319">Alex Sanchez's Guest Opinion</a>.</p>

<p>After reading the Guest Opinion, I took an opportunity to respond.  </p>

<p><a href="http://www.floridamortgagemodificationlawyer.com/2010/02/please_allow_this_to_serve.html">Non-Judicial Foreclosure Is Ridiculous Part I</a></p>

<p><a href="http://www.floridamortgagemodificationlawyer.com/2010/02/nonjudicial_foreclosure_is_rid_2.html">Non-Judicial Foreclosure Is Ridiculous Part II</a></p>

<p><a href="http://www.floridamortgagemodificationlawyer.com/2010/02/nonjudicial_foreclosure_is_rid.html">Non-Judicial Foreclosure Is Ridiculous Part III</a></p>

<p><a href="http://www.floridamortgagemodificationlawyer.com/2010/02/nonjudicial_foreclosure_is_rid_1.html">Non-Judicial Foreclosure Is Ridiculous Part IV</a></p>

<p>Please enjoy a little light reading.</p>

<p>This post was submitted by <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Carmen Dellutri, Esq</a>., founder of <a href="http://www.dellutrilawgroup.com/bank/faq.htm  ">The Dellutri Law Group, P.A.</a>  Currently, the firm has offices in <a href="http://www.sun-herald.com/   ">Port Charlotte,</a> <a href="http://www.cityftmyers.com/   ">Fort Myers</a>, <a href="http://www.naples-florida.com/   ">Naples</a> and <a href="http://www.sarasotafl.org/ ">Sarasota</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> also sits on the <a href="http://www.abcworld.org/board/">Board</a> of <a href="http://www.abcworld.org/ ">American Board of Certification</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> is also one of the founders of the <a href="http://www.bankruptcylawnetwork.com/">Bankruptcy Law Network</a>, <a href="http://www.debtlawnetwork.com/">Debt Law Network</a>, <a href="http://www.creditlawnetwork.com/">Credit Law Network</a>, and <a href="http://www.creditlawnetwork.com/">Mortgage Law Network</a>.  Mr. Dellutri also writes for the firm's <a href="http://www.floridainjuryandaccidentlawyerblog.com/">personal injury litigation blog</a>.  Mr. Dellutri also writes for the firm's other blogs: www.faircreditreportingactblog.com and www.fairdebtcollectionpracticesactblog.com<a href="http://www.floridabankruptcylawyerblog.com/  ">bankruptcy blog</a>.    </p>]]>
    </content>
</entry>
<entry>
    <title>Non-Judicial Foreclosure Is Ridiculous Part I</title>
    <link rel="alternate" type="text/html" href="http://www.floridamortgagemodificationlawyer.com/2010/02/please_allow_this_to_serve.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridamortgagemodificationlawyer.com/cgi-bin/mt-atom.cgi/weblog/blog_id=402/entry_id=69614" title="Non-Judicial Foreclosure Is Ridiculous Part I" />
    <id>tag:www.floridamortgagemodificationlawyer.com,2010://402.69614</id>
    
    <published>2010-02-22T11:42:11Z</published>
    <updated>2010-02-22T11:48:22Z</updated>
    
    <summary>Please allow this to serve as a response to Mr. Alex Sanchez’s Guest Opinion. I will address Mr. Sanchez’s arguments one at a time, but before I do, a little bit of reality needs to be served up. Let’s start...</summary>
    <author>
        <name>Carmen Dellutri</name>
        <uri>http://www.dellutrilawgroup.com/</uri>
    </author>
    
    <content type="html" xml:lang="en" xml:base="http://www.floridamortgagemodificationlawyer.com/">
        <![CDATA[<p>Please allow this to serve as a response to Mr. Alex Sanchez’s Guest Opinion.  I will address Mr. Sanchez’s arguments one at a time, but before I do, a little bit of reality needs to be served up.  Let’s start with what’s really going on in Southwest Florida.  </p>

<p>There are predictions that we will see another 3.5 to 5.5 million foreclosures in the United States in the coming years, and Florida will continue to be at the top of the foreclosure lists, and yes, that will keep the real estate market depressed.  This is the only point on which I agree with Mr. Sanchez.  </p>

<p>There is no doubt that unless something dramatic happens, our real estate market will remain depressed for quite some time.</p>]]>
        <![CDATA[<p>The lenders and bankers do not want to hear this news because it means that the value of their real estate portfolios are not as valuable as they would like for them to be.  Do you remember President Obama’s stress tests that faded in the headlines before the results were provided to the public. </p>

<p>So, it is not shocking that the President of the Florida Bankers Association would be in support of a bill that makes it easier for lenders to take Floridians homes without “Due Process of Law”.<br />
When I heard about this proposition I was outraged because it is just another blow to consumer rights.  </p>

<p>As a Consumer Protection Attorney, I believe in Consumer Rights, Access to the Courts and of course Due Process of Law.  I have sworn to uphold the Constitution of the United States and the State of Florida, and I cannot stand by when someone attempts to curtail these fundamental rights that our Founding Fathers sought to protect.</p>

<p>Let us ask ourselves:  How many Southwest Florida banks have failed due to outrageous lending practices?  Riverside, Orion, Florida Community Bank, just to name a few.  I am in a position where I get to see the amount of money that was financed on real estate.  Let me tell you:  Southwest Florida banks were giving out second mortgages and loans on real estate as if the money tree in the backyard had an endless supply of leaves.   </p>

<p>Were these banks members of the Florida Bankers Association?   Maybe!  Did they really work with the homeowners for months and months prior to starting the foreclosure process?  I highly doubt it.</p>

<p>I must admit that I read Mr. Sanchez’s opinion with a bit of anxiety, and then I thought I was reading a fairy tale, wondering if someone in the industry can be so out of touch with what is really going on.  </p>

<p>I would like to start with his premise that Non-Judicial Foreclosure will streamline the foreclosure process.  The foreclosure process provides the lender and the homeowner with an opportunity to have a neutral third party (Circuit Court Judge) hear the dispute, listen to the evidence and render a decision.  </p>

<p>As a tax-payer, a voter and a proud American, I am not willing to waive this right because the Court system may be clogged.  Unfortunately, I do not believe that the bank’s plight of having to foreclose on its bad loans is enough of a crisis to have to overturn decades of Florida juris prudence.  </p>

<p>Likewise, the Courts are the last chance for a homeowner to get a fair chance to fight their foreclosure. Only in a Courtroom is a homeowner allowed to use the Florida Rules of Civil Procedure and the Florida Rules of Evidence.  I’m sure this is one of the reasons that Mr. Sanchez and his organization choose to avoid the Florida courts.</p>

<p>Right now my law firm is fighting hundreds of foreclosure cases for homeowners who believe they have been wrongfully foreclosed against.  Likewise, we are pursuing an unfair debt collection cases where the mortgage companies did in fact file wrongful foreclosure cases.</p>

<p>Please Click <a href="http://www.floridamortgagemodificationlawyer.com/2010/02/nonjudicial_foreclosure_is_rid_2.html">HERE</a> to go to <a href="http://www.floridamortgagemodificationlawyer.com/2010/02/nonjudicial_foreclosure_is_rid_2.html">Part II</a> of this article.</p>

<p>This post was submitted by <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Carmen Dellutri, Esq</a>., founder of <a href="http://www.dellutrilawgroup.com/bank/faq.htm  ">The Dellutri Law Group, P.A.</a>  Currently, the firm has offices in <a href="http://www.sun-herald.com/   ">Port Charlotte,</a> <a href="http://www.cityftmyers.com/   ">Fort Myers</a>, <a href="http://www.naples-florida.com/   ">Naples</a> and <a href="http://www.sarasotafl.org/ ">Sarasota</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> also sits on the <a href="http://www.abcworld.org/board/">Board</a> of <a href="http://www.abcworld.org/ ">American Board of Certification</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> is also one of the founders of the <a href="http://www.bankruptcylawnetwork.com/">Bankruptcy Law Network</a>, <a href="http://www.debtlawnetwork.com/">Debt Law Network</a>, <a href="http://www.creditlawnetwork.com/">Credit Law Network</a>, and <a href="http://www.creditlawnetwork.com/">Mortgage Law Network</a>.  Mr. Dellutri also writes for the firm's <a href="http://www.floridainjuryandaccidentlawyerblog.com/">personal injury litigation blog</a>.  Mr. Dellutri also writes for the firm's other blogs: www.faircreditreportingactblog.com and www.fairdebtcollectionpracticesactblog.com<a href="http://www.floridabankruptcylawyerblog.com/  ">bankruptcy blog</a>.    <br />
   </p>]]>
    </content>
</entry>
<entry>
    <title>Non-Judicial Foreclosure Is Ridiculous Part II</title>
    <link rel="alternate" type="text/html" href="http://www.floridamortgagemodificationlawyer.com/2010/02/nonjudicial_foreclosure_is_rid_2.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridamortgagemodificationlawyer.com/cgi-bin/mt-atom.cgi/weblog/blog_id=402/entry_id=69613" title="Non-Judicial Foreclosure Is Ridiculous Part II" />
    <id>tag:www.floridamortgagemodificationlawyer.com,2010://402.69613</id>
    
    <published>2010-02-22T11:33:55Z</published>
    <updated>2010-02-22T11:42:03Z</updated>
    
    <summary>Non-judicial foreclosure is not the answer to the Florida foreclosure problem. The answer to the foreclosure problem is open communication between a lender and a homeowner. The Florida Supreme Court recently addressed a problem that the Florida Governor and the...</summary>
    <author>
        <name>Carmen Dellutri</name>
        <uri>http://www.dellutrilawgroup.com/</uri>
    </author>
            <category term="Florida Mortgage Law" />
            <category term="Florida Mortgages" />
    
    <content type="html" xml:lang="en" xml:base="http://www.floridamortgagemodificationlawyer.com/">
        <![CDATA[<p>Non-judicial foreclosure is not the answer to the Florida foreclosure problem.  The answer to the foreclosure problem is open communication between a lender and a homeowner.  The Florida Supreme Court recently addressed a problem that the Florida Governor and the Florida Legislature have been ignoring for several years.  </p>

<p>The Florida Supreme Court established a task force to study the foreclosure problem, and the number one problem the task force found was a communication problem.  It seems that the foreclosure task force ignored the people dealing with those lenders associated with the Florida Bankers Association.  Lenders with the Florida Bankers Association work for months and months with its borrowers.  </p>]]>
        <![CDATA[<p>I really don’t know how the task force missed this many people when the Florida Bankers Association represents more than 90% of the banks in Florida.  So either the Florida Supreme Court’s task force didn’t do their job or Mr. Sanchez has some explaining to do.</p>

<p>The second problem addressed by Mr. Sanchez is that the banks are working diligently to avoid foreclosure.   I am having a real hard time believing that the banks associated with the Florida Bankers Association were actively communicating for months and months with the homeowners in an attempt to keep homeowners in their homes.   </p>

<p>As a matter of fact, the Florida Supreme Court task force came to the exact opposite conclusion.  Likewise, I hear exactly the opposite from the people that I speak with on a daily basis.  As a matter of fact, I can honestly state that I have never heard one person tell me something like this:  My mortgage company bent over backwards to help me, and I just didn't want to stay in the home.  This statement is just ridiculous.</p>

<p>In my practice, I am hearing several things.   First, I am hearing that the lenders are requiring homeowners to go ninety (90) days delinquent before they will even consider a mortgage modification.  Second, I am hearing that it is impossible for a homeowner to get the same person on the phone.  Third, I am hearing that each bank representative has a different story and different requirements to execute a loan modification.  Fourth, I am hearing that the paperwork is being lost, not once, but multiple times.  </p>

<p>As if this wasn’t frustrating enough for a homeowner, if they are lucky enough to get a temporary modification, they then have to reapply for a permanent modification, and the paperwork starts all over again with no guarantees.</p>

<p>I challenge Mr. Sanchez to produce five (5) homeowner to come forth, with documented proof, that the lender worked for months and months with them.  If Mr. Sanchez can do that, I will produce ten (10) homeowners with a different story.  In fact, I will produce ten (10) homeowners with documented proof of horror stories of loan modification hell.</p>

<p>Another myth that Mr. Sanchez does not address is the notion that the Short Sale somehow benefits the homeowner.  He states that his banks work for months and months to help homeowners arrange for a short sale.  </p>

<p>Short Sales are a scam in my opinion, which do nothing to help the homeowner.  In this scam, the homeowners are told to put the property up for a short sale.  What happens to the deficiency that is owed after the sale is complete?  Try to get that detail in writing from your lender.  You have a better chance of getting a mortgage modification which includes a principal reduction.</p>

<p>Wow, what an option this is for a homeowner.  Here is a question:  <strong>Why not let the homeowner purchase the home at the same price that the lender is willing to sell it to a third party? </strong> Where is the logic behind allowing a third party to come in and purchase the home out from under a family that is already living in the home with a vested interest in staying in the home?  </p>

<p>I would like to think that a lender that has been working with a homeowner for months and months would be willing to allow them to re-purchase the home, yet I have never seen this done in practice.</p>

<p>Click <a href="http://www.floridamortgagemodificationlawyer.com/2010/02/nonjudicial_foreclosure_is_rid.html">HERE</a> to go to <a href="http://www.floridamortgagemodificationlawyer.com/2010/02/nonjudicial_foreclosure_is_rid.html">Part III </a>of this article.</p>

<p>This post was submitted by <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Carmen Dellutri, Esq</a>., founder of <a href="http://www.dellutrilawgroup.com/bank/faq.htm  ">The Dellutri Law Group, P.A.</a>  Currently, the firm has offices in <a href="http://www.sun-herald.com/   ">Port Charlotte,</a> <a href="http://www.cityftmyers.com/   ">Fort Myers</a>, <a href="http://www.naples-florida.com/   ">Naples</a> and <a href="http://www.sarasotafl.org/ ">Sarasota</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> also sits on the <a href="http://www.abcworld.org/board/">Board</a> of <a href="http://www.abcworld.org/ ">American Board of Certification</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> is also one of the founders of the <a href="http://www.bankruptcylawnetwork.com/">Bankruptcy Law Network</a>, <a href="http://www.debtlawnetwork.com/">Debt Law Network</a>, <a href="http://www.creditlawnetwork.com/">Credit Law Network</a>, and <a href="http://www.creditlawnetwork.com/">Mortgage Law Network</a>.  Mr. Dellutri also writes for the firm's <a href="http://www.floridainjuryandaccidentlawyerblog.com/">personal injury litigation blog</a>.  Mr. Dellutri also writes for the firm's other blogs: www.faircreditreportingactblog.com and www.fairdebtcollectionpracticesactblog.com<a href="http://www.floridabankruptcylawyerblog.com/  ">bankruptcy blog</a>.    </p>]]>
    </content>
</entry>
<entry>
    <title>Non-Judicial Foreclosure Is Ridiculous Part III</title>
    <link rel="alternate" type="text/html" href="http://www.floridamortgagemodificationlawyer.com/2010/02/nonjudicial_foreclosure_is_rid.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridamortgagemodificationlawyer.com/cgi-bin/mt-atom.cgi/weblog/blog_id=402/entry_id=69612" title="Non-Judicial Foreclosure Is Ridiculous Part III" />
    <id>tag:www.floridamortgagemodificationlawyer.com,2010://402.69612</id>
    
    <published>2010-02-22T11:27:45Z</published>
    <updated>2010-02-22T11:33:32Z</updated>
    
    <summary>Thirdly, Mr. Sanchez states that the current judicial process in Florida takes one to two years. Where is the factual basis for this statement? Sure, some foreclosures last a year or two but that is not the result of the...</summary>
    <author>
        <name>Carmen Dellutri</name>
        <uri>http://www.dellutrilawgroup.com/</uri>
    </author>
            <category term="Florida Mortgage Law" />
            <category term="Florida Mortgages" />
    
    <content type="html" xml:lang="en" xml:base="http://www.floridamortgagemodificationlawyer.com/">
        <![CDATA[<p>Thirdly, Mr. Sanchez states that the current judicial process in Florida takes one to two years.  Where is the factual basis for this statement?  Sure, some foreclosures last a year or two but that is not the result of the homeowner.  Usually, it is because the lender cannot prove its case to the Judge.  Yes, there are unopposed cases where the lender cannot prove its own case, and the case has to be delayed.  How pitiful is that?  A lender files a foreclosure action to take someone’s home away, is unopposed in Court, and still cannot prove its case.</p>

<p>Another problem in the Florida Court’s right now is lenders that are cancelling the foreclosure sale because they do not want the property back in their name.  So, rather than conduct the foreclosure sale, the attorneys for the lender are instructed to cancel the foreclosure sale, thereby leaving the homeowner as owner of record, and therefore, liable for the taxes and maintenance of the property.</p>]]>
        <![CDATA[<p>On another note, Has Mr. Sanchez never heard of the rocket docket in Southwest Florida?  CNN covered the rocket docket over a year ago, and the video was compelling.  In the rocket docket, a person’s home can be sold on the Courthouse steps in as little as ninety (90) days, but it usually takes five (5) to six (6) months.</p>

<p>Next, Mr. Sanchez presents a feeble argument that due process has already been eliminated in the Florida Courts because the Circuit Judges are faced with huge case loads and “lawyers present stacks of cases to a judge” for final judgments.  If we are to drink the cool aid that Mr. Sanchez is serving, we are to believe that because the Judge’s have huge case loads we should do away with decades of Florida juris prudence? <br />
 <br />
Please tell me you have a better argument than that?  This is not an argument, it is a justification, and a feeble one at that.  What message are we sending here?  When it is time to step up to the plate and face the strike-out king, don’t worry, we will change the rules to make it easier for you and your attorneys.</p>

<p>First, let’s not forget that the Circuit Judges are on the front lines of this foreclosure process.  They are the gatekeepers of the process and procedure.  I cannot count the times that I have been in Court, and the Judge has stated that the mortgage companies paperwork is not correct.</p>

<p>I know that we have excellent judges in the Twentieth Judicial Circuit, and I have never witnessed one of these Judges shirk his or her responsibility in the Courtroom.  So that argument that the Court system is being taxed does not hold water with this lawyer, and quite frankly, I find it insulting to the Circuit Judges of the State of Florida.  </p>

<p>Mr. Sanchez:  Are you really saying that the Circuit Judges cannot handle the case load or that you don’t want them looking at your paperwork?  As an attorney who represents homeowner, I can tell you that this push for non-judicial foreclosure by the Florida Bankers Association is not because they are worried about over-working our Circuit Judges. </p>

<p>Next, Mr. Sanchez states that some homeowners just give up.  That statement is outrageous, and as an advocate for the homeowner, I will state that an apology needs to be given for this generic statement.  The homeowners who just gave up pulled up their stakes and left town a long time ago.  </p>

<p>The homeowner who are still here are here because they want to save their homes.  Homeowners don’t just walk away from their homes, they try and try, they work overtime, they call their lenders, they bend over backwards to save their homes, they will go without so they can pay their mortgages.  They do whatever they can to save their homes and provide their families with some sense of stability.  In my opinion, it is the lenders who drop the ball.  Let us not forget who makes the final decision when it comes to a mortgage modification.</p>

<p>Click <a href="http://www.floridamortgagemodificationlawyer.com/2010/02/nonjudicial_foreclosure_is_rid_1.html">HERE</a> to go to <a href="http://www.floridamortgagemodificationlawyer.com/2010/02/nonjudicial_foreclosure_is_rid_1.html">Part IV</a> of this Article.</p>

<p>This post was submitted by <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Carmen Dellutri, Esq</a>., founder of <a href="http://www.dellutrilawgroup.com/bank/faq.htm  ">The Dellutri Law Group, P.A.</a>  Currently, the firm has offices in <a href="http://www.sun-herald.com/   ">Port Charlotte,</a> <a href="http://www.cityftmyers.com/   ">Fort Myers</a>, <a href="http://www.naples-florida.com/   ">Naples</a> and <a href="http://www.sarasotafl.org/ ">Sarasota</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> also sits on the <a href="http://www.abcworld.org/board/">Board</a> of <a href="http://www.abcworld.org/ ">American Board of Certification</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> is also one of the founders of the <a href="http://www.bankruptcylawnetwork.com/">Bankruptcy Law Network</a>, <a href="http://www.debtlawnetwork.com/">Debt Law Network</a>, <a href="http://www.creditlawnetwork.com/">Credit Law Network</a>, and <a href="http://www.creditlawnetwork.com/">Mortgage Law Network</a>.  Mr. Dellutri also writes for the firm's <a href="http://www.floridainjuryandaccidentlawyerblog.com/">personal injury litigation blog</a>.  Mr. Dellutri also writes for the firm's other blogs: www.faircreditreportingactblog.com and www.fairdebtcollectionpracticesactblog.com<a href="http://www.floridabankruptcylawyerblog.com/  ">bankruptcy blog</a>.    </p>]]>
    </content>
</entry>
<entry>
    <title>Non-Judicial Foreclosure Is Ridiculous Part IV</title>
    <link rel="alternate" type="text/html" href="http://www.floridamortgagemodificationlawyer.com/2010/02/nonjudicial_foreclosure_is_rid_1.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridamortgagemodificationlawyer.com/cgi-bin/mt-atom.cgi/weblog/blog_id=402/entry_id=69611" title="Non-Judicial Foreclosure Is Ridiculous Part IV" />
    <id>tag:www.floridamortgagemodificationlawyer.com,2010://402.69611</id>
    
    <published>2010-02-22T11:21:50Z</published>
    <updated>2010-02-22T11:26:15Z</updated>
    
    <summary>It is ultimately the lenders decision whether to deny a modification. It is the lenders who decide not to allow a principal reduction. It is the lender who decides not to lower the interest rate. It is the lender who...</summary>
    <author>
        <name>Carmen Dellutri</name>
        <uri>http://www.dellutrilawgroup.com/</uri>
    </author>
            <category term="Florida Mortgage Law" />
            <category term="Florida Mortgages" />
    
    <content type="html" xml:lang="en" xml:base="http://www.floridamortgagemodificationlawyer.com/">
        <![CDATA[<p>It is ultimately the lenders decision whether to deny a modification.  It is the lenders who decide not to allow a principal reduction.  It is the lender who decides not to lower the interest rate.  It is the lender who shuts off communication with the homeowner.  It is the lender who decides at what price a short sale will be allowed.</p>

<p>Mr. Sanchez then switches his argument to investors and flippers, and his argument is vague and ends with a flippant comment.  He attempts to bolster his argument by alluding to the amount of homes in foreclosure that were purchased by speculators.  Yet his argument fails to gain strength, and in fact becomes fractured.  </p>

<p>If his argument is that speculators are not entitled to their day in Court, then, wouldn’t the same hold true for other types of cases.  Maybe there are too many small claims cases, in his opinion, or maybe he feels there are too many criminal cases in the Court system.  Why do they have to be in Court?  My only comment to Mr. Sanchez on this point is that I think investors and flippers are still entitled to their day in Court, and the law in the State of Florida guarantees this proposition.</p>]]>
        <![CDATA[<p>If the investors and flippers overextended themselves, they will have to pay the piper, but they should not be denied their day in Court.  In reality, most investors and flippers do not fight the foreclosures and their cases end up on the rocket docket anyway.  So, their cases will be disposed of with little to no Court intervention.  Unfortunately, this segway does not add to Mr. Sanchez argument.</p>

<p>In reality, Mr. Sanchez’s arguments do not support his position that Florida should adopt Non-judicial foreclosure.  He has taken some liberties with his facts about the current foreclosure crisis in  Florida, and he attempts to persuade the public that the banks are the real victims here.   </p>

<p>The new proposal by the Florida Bankers Association is a knee jerk reaction after two years of waiting for another government bailout.  The Association wants to take Judge’s out of the process so that they can continue placing garbage into the Court system.</p>

<p>This post was submitted by <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Carmen Dellutri, Esq</a>., founder of <a href="http://www.dellutrilawgroup.com/bank/faq.htm  ">The Dellutri Law Group, P.A.</a>  Currently, the firm has offices in <a href="http://www.sun-herald.com/   ">Port Charlotte,</a> <a href="http://www.cityftmyers.com/   ">Fort Myers</a>, <a href="http://www.naples-florida.com/   ">Naples</a> and <a href="http://www.sarasotafl.org/ ">Sarasota</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> also sits on the <a href="http://www.abcworld.org/board/">Board</a> of <a href="http://www.abcworld.org/ ">American Board of Certification</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> is also one of the founders of the <a href="http://www.bankruptcylawnetwork.com/">Bankruptcy Law Network</a>, <a href="http://www.debtlawnetwork.com/">Debt Law Network</a>, <a href="http://www.creditlawnetwork.com/">Credit Law Network</a>, and <a href="http://www.creditlawnetwork.com/">Mortgage Law Network</a>.  Mr. Dellutri also writes for the firm's <a href="http://www.floridainjuryandaccidentlawyerblog.com/">personal injury litigation blog</a>.  Mr. Dellutri also writes for the firm's other blogs: www.faircreditreportingactblog.com and www.fairdebtcollectionpracticesactblog.com<a href="http://www.floridabankruptcylawyerblog.com/  ">bankruptcy blog</a>.    </p>]]>
    </content>
</entry>
<entry>
    <title>Mediation of Foreclosures One Step Closer</title>
    <link rel="alternate" type="text/html" href="http://www.floridamortgagemodificationlawyer.com/2010/02/mediation_of_foreclosures_one.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridamortgagemodificationlawyer.com/cgi-bin/mt-atom.cgi/weblog/blog_id=402/entry_id=68950" title="Mediation of Foreclosures One Step Closer" />
    <id>tag:www.floridamortgagemodificationlawyer.com,2010://402.68950</id>
    
    <published>2010-02-13T12:52:55Z</published>
    <updated>2010-02-13T12:56:52Z</updated>
    
    <summary>Ladies and Gentlemen: A bill was introduced by Florida Senator, Dave Aronberg, which would make mediation an option in mortgage foreclosure cases where the foreclosure is against a homestead. Here is the story:...</summary>
    <author>
        <name>Carmen Dellutri</name>
        <uri>http://www.dellutrilawgroup.com/</uri>
    </author>
            <category term="Florida Mortgage Law" />
            <category term="Florida Mortgages" />
            <category term="Good News" />
    
    <content type="html" xml:lang="en" xml:base="http://www.floridamortgagemodificationlawyer.com/">
        <![CDATA[<p>Ladies and Gentlemen:</p>

<p>A bill was introduced by Florida Senator, Dave Aronberg, which would make mediation an option in mortgage foreclosure cases where the foreclosure is against a homestead.</p>

<p>Here is the story:</p>

<p><object height="264" width="320"><param name="movie" type="application/x-shockwave-flash" value="http://www.winknews.com/v/?i=83983117" /><param name="allowScriptAccess" value="always" /><param name="wmode" value="transparent" /><param name="AllowFullScreen" value="true" /><embed type="application/x-shockwave-flash" src="http://www.winknews.com/v/?i=83983117" AllowFullScreen="true" allowScriptAccess="always" height="264" wmode="transparent" width="320"></embed></object></p>]]>
        <![CDATA[<p>This post was submitted by <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Carmen Dellutri, Esq</a>., founder of <a href="http://www.dellutrilawgroup.com/bank/faq.htm  ">The Dellutri Law Group, P.A.</a>  Currently, the firm has offices in <a href="http://www.sun-herald.com/   ">Port Charlotte,</a> <a href="http://www.cityftmyers.com/   ">Fort Myers</a>, <a href="http://www.naples-florida.com/   ">Naples</a> and <a href="http://www.sarasotafl.org/ ">Sarasota</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> also sits on the <a href="http://www.abcworld.org/board/">Board</a> of <a href="http://www.abcworld.org/ ">American Board of Certification</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> is also one of the founders of the <a href="http://www.bankruptcylawnetwork.com/">Bankruptcy Law Network</a>, <a href="http://www.debtlawnetwork.com/">Debt Law Network</a>, <a href="http://www.creditlawnetwork.com/">Credit Law Network</a>, and <a href="http://www.creditlawnetwork.com/">Mortgage Law Network</a>.  Mr. Dellutri also writes for the firm's <a href="http://www.floridainjuryandaccidentlawyerblog.com/">personal injury litigation blog</a>.  Mr. Dellutri also writes for the firm's other blogs: www.faircreditreportingactblog.com and www.fairdebtcollectionpracticesactblog.com<a href="http://www.floridabankruptcylawyerblog.com/  ">bankruptcy blog</a>.    </p>]]>
    </content>
</entry>
<entry>
    <title>Mortgage Modification Fails Because of 40 Cent Bank Error</title>
    <link rel="alternate" type="text/html" href="http://www.floridamortgagemodificationlawyer.com/2010/02/mortgage_modification_fails_be.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridamortgagemodificationlawyer.com/cgi-bin/mt-atom.cgi/weblog/blog_id=402/entry_id=68949" title="Mortgage Modification Fails Because of 40 Cent Bank Error" />
    <id>tag:www.floridamortgagemodificationlawyer.com,2010://402.68949</id>
    
    <published>2010-02-13T12:33:16Z</published>
    <updated>2010-02-13T12:39:14Z</updated>
    
    <summary>Recently, WINK News did a story on one of our clients. This is no ordinary client. He and his wife are professionals, and they properly documented this story. Each and every word of what this gentleman states is true. I...</summary>
    <author>
        <name>Carmen Dellutri</name>
        <uri>http://www.dellutrilawgroup.com/</uri>
    </author>
            <category term="Florida Mortgages" />
    
    <content type="html" xml:lang="en" xml:base="http://www.floridamortgagemodificationlawyer.com/">
        <![CDATA[<p>Recently, <a href="http://www.winknews.com/features/action/84156617.html">WINK News</a> did a story on one of our clients.  This is no ordinary client.  He and his wife are professionals, and they properly documented this story.  Each and every word of what this gentleman states is true.  I just wish <a href="http://www.winknews.com/features/action/84156617.html">WINK</a> could have aired the entire interview.  My hat is off to <a href="http://www.winknews.com/features/action/84156617.html">WINK</a> for covering this timely and informative story.  I'm sure there are many more out there.  Take a look, you are not going to believe it.</p>

<p><object height="264" width="320"><param name="movie" type="application/x-shockwave-flash" value="http://www.winknews.com/v/?i=84156617" /><param name="allowScriptAccess" value="always" /><param name="wmode" value="transparent" /><param name="AllowFullScreen" value="true" /><embed type="application/x-shockwave-flash" src="http://www.winknews.com/v/?i=84156617" AllowFullScreen="true" allowScriptAccess="always" height="264" wmode="transparent" width="320"></embed></object></p>]]>
        <![CDATA[<p>If you have been a victim of this type of garbage, you are not alone.</p>

<p>This post was submitted by <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Carmen Dellutri, Esq</a>., founder of <a href="http://www.dellutrilawgroup.com/bank/faq.htm  ">The Dellutri Law Group, P.A.</a>  Currently, the firm has offices in <a href="http://www.sun-herald.com/   ">Port Charlotte,</a> <a href="http://www.cityftmyers.com/   ">Fort Myers</a>, <a href="http://www.naples-florida.com/   ">Naples</a> and <a href="http://www.sarasotafl.org/ ">Sarasota</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> also sits on the <a href="http://www.abcworld.org/board/">Board</a> of <a href="http://www.abcworld.org/ ">American Board of Certification</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> is also one of the founders of the <a href="http://www.bankruptcylawnetwork.com/">Bankruptcy Law Network</a>, <a href="http://www.debtlawnetwork.com/">Debt Law Network</a>, <a href="http://www.creditlawnetwork.com/">Credit Law Network</a>, and <a href="http://www.creditlawnetwork.com/">Mortgage Law Network</a>.  Mr. Dellutri also writes for the firm's <a href="http://www.floridainjuryandaccidentlawyerblog.com/">personal injury litigation blog</a>.  Mr. Dellutri also writes for the firm's other blogs: www.faircreditreportingactblog.com and www.fairdebtcollectionpracticesactblog.com<a href="http://www.floridabankruptcylawyerblog.com/  ">bankruptcy blog</a>.    </p>]]>
    </content>
</entry>
<entry>
    <title>Home Affordable Modification Program - A Waste Of Time </title>
    <link rel="alternate" type="text/html" href="http://www.floridamortgagemodificationlawyer.com/2010/01/home_affordable_modification_p_1.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridamortgagemodificationlawyer.com/cgi-bin/mt-atom.cgi/weblog/blog_id=402/entry_id=66675" title="Home Affordable Modification Program - A Waste Of Time " />
    <id>tag:www.floridamortgagemodificationlawyer.com,2010://402.66675</id>
    
    <published>2010-01-19T12:29:06Z</published>
    <updated>2010-01-19T12:57:50Z</updated>
    
    <summary>Well it&apos;s 2010, and I am wondering what the Federal Government is going to do about the failing Home Affordable Modification Program. (HAMP). When the President ran for office, one of his rallying cries was that he was going to...</summary>
    <author>
        <name>Carmen Dellutri</name>
        <uri>http://www.dellutrilawgroup.com/</uri>
    </author>
            <category term="Florida Mortgage Law" />
            <category term="Florida Mortgages" />
            <category term="Housing Assistance Bill" />
    
    <content type="html" xml:lang="en" xml:base="http://www.floridamortgagemodificationlawyer.com/">
        <![CDATA[<p>Well it's 2010, and I am wondering what the Federal Government is going to do about the failing Home Affordable Modification Program.  (HAMP).  When the <a href="http://www.treas.gov/press/releases/reports/guidelines_summary.pdf">President ran for office</a>, one of his rallying cries was that he was going to help homeowners stay in their homes by modifying mortgages.  The <a href="http://www.treas.gov/press/releases/reports/guidelines_summary.pdf">Making Homes Affordable Program</a> was supposed to help 7 - 9 million families avoid foreclosure.  </p>

<p>Well if you have ever read anything that I have written, you will know that I am deeply disappointed in the results with the President's <a href="http://www.financialstability.gov/roadtostability/homeowner.html">Making Homes Affordable Program</a>.  On the surface, it seemed too good to be true, and you know what they say about things too good to be true:  It usually is too good to be true.  Kinda like that mortgage we were promised in 2005 and 2006, that we could easily refinance in two years when the property was worth twice what we paid for it.  Hmmm, yea that was too good to be true as well.</p>]]>
        <![CDATA[<p>Now, here we are nine months later, and while some homes have been modified, the vast majority of people who can get their lenders to find their paperwork are in the vast wasteland I like to call "trial modification hell".  This is worse than actually being in hell because if you were in hell, you could start to settle in with the understanding that you weren't going to be foreclosed upon someday.  </p>

<p>Homeowners in "trial modification hell" do not really know where they are going to be in three months time.  They don't know if the foreclosure is still coming.  In Southwest Florida, they don't know if they are going to be working in three months time.</p>

<p>So, the homeowners in Southwest Florida are showing amazing patience and restraint by going through the motions with their lenders and playing the mortgage modification game.  Homeowners are going to send in their trial payments because they are afraid of losing their homes and the mortgages companies are glad to get the three extra payments knowing that they are not going to approve the final modification anyhow.</p>

<p>Let's face it, and I've been saying this for as long as the program has been in effect, it's voluntary.  The Federal Government didn't put any teeth into the program, so the lenders are controlling the process.  Great, and did I tell you the one about the fox guarding the hen house.</p>

<p>So, what can we expect.  We can expect more foreclosures and less modifications in the years to come.  I estimate that Southwest Florida real estate will be depressed for another five years at a minimum.</p>

<p>This post was submitted by <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Carmen Dellutri, Esq</a>., founder of <a href="http://www.dellutrilawgroup.com/bank/faq.htm  ">The Dellutri Law Group, P.A.</a>  Currently, the firm has offices in <a href="http://www.sun-herald.com/   ">Port Charlotte,</a> <a href="http://www.cityftmyers.com/   ">Fort Myers</a>, <a href="http://www.naples-florida.com/   ">Naples</a> and <a href="http://www.sarasotafl.org/ ">Sarasota</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> also sits on the <a href="http://www.abcworld.org/board/">Board</a> of <a href="http://www.abcworld.org/ ">American Board of Certification</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> is also one of the founders of the <a href="http://www.bankruptcylawnetwork.com/">Bankruptcy Law Network</a>, <a href="http://www.debtlawnetwork.com/">Debt Law Network</a>, <a href="http://www.creditlawnetwork.com/">Credit Law Network</a>, and <a href="http://www.creditlawnetwork.com/">Mortgage Law Network</a>.  Mr. Dellutri also writes for the firm's <a href="http://www.floridainjuryandaccidentlawyerblog.com/">personal injury litigation blog</a>.  Mr. Dellutri also writes for the firm's other blogs: f<a href="www.faircreditreportingactblog.com">air credit reporting act blog</a>, <a href="www.fairdebtcollectionpracticesactblog.com">fair debt collection practices act blog</a> and the firm's <a href="http://www.floridabankruptcylawyerblog.com/  ">bankruptcy blog</a>.    </p>]]>
    </content>
</entry>
<entry>
    <title>Foreclosures Still On The Rise In Florida</title>
    <link rel="alternate" type="text/html" href="http://www.floridamortgagemodificationlawyer.com/2009/11/foreclosures_still_on_the_rise_in_florida.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridamortgagemodificationlawyer.com/cgi-bin/mt-atom.cgi/weblog/blog_id=402/entry_id=60954" title="Foreclosures Still On The Rise In Florida" />
    <id>tag:www.floridamortgagemodificationlawyer.com,2009://402.60954</id>
    
    <published>2009-11-06T15:57:04Z</published>
    <updated>2009-11-06T16:17:17Z</updated>
    
    <summary>Government officials are telling us that the recession is over, but the foreclosure crisis is still increasing in Florida and nationwide. Realty Trac released its US Foreclosure Market Report for the third quarter of 2009, which shows that foreclosure filings...</summary>
    <author>
        <name>Shannon Houk</name>
        <uri>http://www.dellutrilawgroup.com/</uri>
    </author>
            <category term="Florida Mortgage Law" />
            <category term="Florida Mortgages" />
            <category term="Mortgage Modifications in Bankruptcy" />
    
    <content type="html" xml:lang="en" xml:base="http://www.floridamortgagemodificationlawyer.com/">
        <![CDATA[<p>Government officials are telling us that the recession is over, but the foreclosure crisis is still increasing in Florida and nationwide. <a href="http://www.realtytrac.com/">Realty Trac </a>released its US Foreclosure Market Report for the third quarter of 2009, which shows that foreclosure filings [including auction sales, default notices and bank repossessions] were reported on 937,840 properties in the third quarter  - a 5% increase from from the second quarter of 2009. Significantly, this is almost 23% higher than last year at this time.  Estimates are coming in that 1 in 136 US homes are experiencing some type of foreclosure issue. This is the highest that this rate has been since the foreclosure crisis began. The rate for Lee County is said to be 1 in 76 homes – and in some areas is significantly higher.</p>

<p>Florida is in the top 10 states for the highest foreclosure rate during this quarter, and is one of the 6 states [Florida, Ohio, Utah, Georgia, Michigan, Colorado and Illinois] which constitute 62% of the nation’s total foreclosure activity. Many reports have Florida at 4th in overall foreclosure activity in the nation.  So even if you’re hearing that the recession is over, unfortunately for us, the foreclosure rates are most definitely not!</p>

<p>Posted by <a href="http://www.dellutrilawgroup.com/lawyer-attorney-1358523.html">Shannon Houk</a><br />
</p>]]>
        
    </content>
</entry>
<entry>
    <title>Does My Lender Have To Modify My Loan If They Took Money From The Government?</title>
    <link rel="alternate" type="text/html" href="http://www.floridamortgagemodificationlawyer.com/2009/10/does_my_lender_have_to_modify_1.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridamortgagemodificationlawyer.com/cgi-bin/mt-atom.cgi/weblog/blog_id=402/entry_id=58921" title="Does My Lender Have To Modify My Loan If They Took Money From The Government?" />
    <id>tag:www.floridamortgagemodificationlawyer.com,2009://402.58921</id>
    
    <published>2009-10-15T13:04:50Z</published>
    <updated>2009-10-15T13:17:36Z</updated>
    
    <summary>If you are wondering if your lender has to modify your loan if they took government funds, the long and short answer is NO. At our offices in Ft. Myers, Naples, and Sarasota, Florida, this is one of the questions...</summary>
    <author>
        <name>Shannon Houk</name>
        <uri>http://www.dellutrilawgroup.com/</uri>
    </author>
            <category term="Florida Mortgage Law" />
            <category term="Florida Mortgages" />
            <category term="Housing Assistance Bill" />
    
    <content type="html" xml:lang="en" xml:base="http://www.floridamortgagemodificationlawyer.com/">
        <![CDATA[<p>If you are wondering if your lender has to modify your loan if they took government funds, the long and short answer is NO.  At our offices in <a href="http://www.dellutrilawgroup.com/lawyer-attorney-1243841.html">Ft. Myers</a>, <a href="http://www.dellutrilawgroup.com/lawyer-attorney-1247666.html">Naples</a>, and <a href="http://www.dellutrilawgroup.com/lawyer-attorney-1399032.html">Sarasota</a>, Florida, this is one of the questions we get asked most.  Unfortunately, there is no legislation today or government guideline which requires any servicer or lender to modify your loan or reduce principal.  CNN recently did a story on<a href="<script src="http://i.cdn.turner.com/cnn/.element/js/2.0/video/evp/module.js?loc=dom&vid=/video/living/2009/04/20/sot.bartering.with.neighbors.cnn" type="text/javascript"></script><noscript>Embedded video from <a href="http://www.cnn.com/video">CNN Video</a></noscript>"> this issue</a>.</p>]]>
        <![CDATA[<p>What the servicers are called to do is a Net Present Value (NPV) test. This NPV test will weigh the net present value of cash flows expected from the loan modification against the NPV of cash flow expected from no modification [i.e. foreclosure sale, insurance payouts, write-offs, etc].  For more details on this, go to http://www.treas.gov/press/releases/reports/modification_program_guidelines.pdf .</p>

<p>It’s extremely difficult to figure out how the servicer will calculate the NPV. For instance, among other things, the servicer is allowed to select the discount rate that will be used for the model NPV, and is allowed to select different discount rates for loans in portfolio and loans in investor pools. Needless to say, it’s nearly impossible to know how the calculation will be done, but the bottom line is they only have to do what is best for their bottom line. Basically, if they can make more by modifying your loan and keeping you in the home, they will. But if they can make more money by foreclosing you out and collecting their insurance, write-offs, etc, they will do that instead.<br />
   <br />
Since loan modifications are voluntary for the servicer, don’t expect that your lender/servicer will modify your loan if you can’t afford your current mortgage payment, even if they say they will; and please don’t make the mistake of believing ‘they don’t want another home, so surely they will modify,’ because they don’t have to and the numbers of actual loan modifications speak for themselves!      </p>

<p> This blog is written by <a href="http://www.dellutrilawgroup.com/lawyer-attorney-1358523.html">Shannon Houk, Esq. </a></p>]]>
    </content>
</entry>
<entry>
    <title>New Fair Credit Reporting Act Blog By Dellutri Law Group</title>
    <link rel="alternate" type="text/html" href="http://www.floridamortgagemodificationlawyer.com/2009/09/new_fair_credit_reporting_act.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridamortgagemodificationlawyer.com/cgi-bin/mt-atom.cgi/weblog/blog_id=402/entry_id=57340" title="New Fair Credit Reporting Act Blog By Dellutri Law Group" />
    <id>tag:www.floridamortgagemodificationlawyer.com,2009://402.57340</id>
    
    <published>2009-09-29T12:39:13Z</published>
    <updated>2009-09-29T12:42:48Z</updated>
    
    <summary>The Dellutri Law Group is in the process of starting another Consumer Law Blog focusing on the Federal Fair Credit Reporting Act. Our Fair Credit Reporting Act Blog can be found at: www.faircreditreportingactblog.com When you have a chance, please check...</summary>
    <author>
        <name>Carmen Dellutri</name>
        <uri>http://www.dellutrilawgroup.com/</uri>
    </author>
            <category term="Good News" />
    
    <content type="html" xml:lang="en" xml:base="http://www.floridamortgagemodificationlawyer.com/">
        <![CDATA[<p>The Dellutri Law Group is in the process of starting another Consumer Law Blog focusing on the <a href="http://www.ftc.gov/os/statutes/031224fcra.pdf">Federal Fair Credit Reporting Act</a>.  Our <a href="http://www.faircreditreportingactblog.com/">Fair Credit Reporting Act Blog</a> can be found at:</p>

<p><a href="http://www.faircreditreportingactblog.com">www.faircreditreportingactblog.com</a></p>

<p>When you have a chance, please check it out and provide us with your feedback?  It should be active in 7 to 10 days.  The <a href="http://www.faircreditreportingactblog.com/">Fair Credit Reporting Act Blog</a> will focus on all aspects of Credit Reporting.</p>

<p>Please send any and all comments to eetnoyer@dellutrilawgroup.com</p>

<p>Thank you for your assistance, and remember, we are here to serve the people of Southwest Florida.  So please help us help you.</p>]]>
        <![CDATA[<p>This post was submitted by <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Carmen Dellutri, Esq</a>., founder of <a href="http://www.dellutrilawgroup.com/bank/faq.htm  ">The Dellutri Law Group, P.A.</a>  Currently, the firm has offices in <a href="http://www.sun-herald.com/   ">Port Charlotte,</a> <a href="http://www.cityftmyers.com/   ">Fort Myers</a>, <a href="http://www.naples-florida.com/   ">Naples</a> and <a href="http://www.sarasotafl.org/ ">Sarasota</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> also sits on the <a href="http://www.abcworld.org/board/">Board</a> of <a href="http://www.abcworld.org/ ">American Board of Certification</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> is also one of the founders of the <a href="http://www.bankruptcylawnetwork.com/">Bankruptcy Law Network</a>, <a href="http://www.debtlawnetwork.com/">Debt Law Network</a>, <a href="http://www.creditlawnetwork.com/">Credit Law Network</a>, and <a href="http://www.creditlawnetwork.com/">Mortgage Law Network</a>.  Mr. Dellutri also writes for the firm's <a href="http://www.floridainjuryandaccidentlawyerblog.com/">personal injury litigation blog</a>.  Mr. Dellutri also writes for the firm's other blogs: <a href="http://www.faircreditreportingactblog.com">www.faircreditreportingactblog.com</a> and <a href="http://www.fairdebtcollectionpracticesactblog.com">www.fairdebtcollectionpracticesactblog.com</a><a href="http://www.floridabankruptcylawyerblog.com/  ">bankruptcy blog</a>.    <br />
   <br />
</p>]]>
    </content>
</entry>
<entry>
    <title>13% Of Homeowners Are Delinquent</title>
    <link rel="alternate" type="text/html" href="http://www.floridamortgagemodificationlawyer.com/2009/08/13_of_homeowners_are_delinquen.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridamortgagemodificationlawyer.com/cgi-bin/mt-atom.cgi/weblog/blog_id=402/entry_id=53923" title="13% Of Homeowners Are Delinquent" />
    <id>tag:www.floridamortgagemodificationlawyer.com,2009://402.53923</id>
    
    <published>2009-08-21T14:46:47Z</published>
    <updated>2009-08-21T14:58:35Z</updated>
    
    <summary>New numbers are coming out on foreclosures in the United States. They are not good. More than 13% of homeowners are either behind on their payments or are in foreclosure. Florida is taking a real beating in this economy. Almost...</summary>
    <author>
        <name>Carmen Dellutri</name>
        <uri>http://www.dellutrilawgroup.com/</uri>
    </author>
            <category term="Housing Assistance Bill" />
            <category term="Mortgage Modifications in Bankruptcy" />
    
    <content type="html" xml:lang="en" xml:base="http://www.floridamortgagemodificationlawyer.com/">
        <![CDATA[<p>New numbers are coming out on <a href="http://www.floridamortgagemodificationlawyer.com/2009/05/foreclosure_rates_on_the_rise.html">foreclosures</a> in the United States.  They are not good.  More than 13% of homeowners are either behind on their payments or are in foreclosure.  <a href="http://www.floridamortgagemodificationlawyer.com/2009/03/lee_county_to_see_little_relie.html">Florida</a> is taking a real beating in this economy.  Almost 12% of all Florida home loans were in foreclosure, and there are countless more that are late on their payments.</p>

<p><a href="http://www.floridamortgagemodificationlawyer.com/2009/08/fort_myers_cape_coral_and_lehi.html">Florida</a>, California, Nevada and Arizona still are leading the way in foreclosures.  44% of all foreclosures are happening in these 4 states.  That is shocking.  What are their state governments doing about the situation?  What is the <a href="http://www.floridamortgagemodificationlawyer.com/2009/07/government_wants_to_pay_banks_1.html">Federal Governmen</a>t doing about the situation?  </p>]]>
        <![CDATA[<p>This post was submitted by <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Carmen Dellutri, Esq</a>., founder of <a href="http://www.dellutrilawgroup.com/bank/faq.htm  ">The Dellutri Law Group, P.A.</a>  Currently, the firm has offices in <a href="http://www.sun-herald.com/   ">Port Charlotte,</a> <a href="http://www.cityftmyers.com/   ">Fort Myers</a>, <a href="http://www.naples-florida.com/   ">Naples</a> and <a href="http://www.sarasotafl.org/ ">Sarasota</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> also sits on the <a href="http://www.abcworld.org/board/">Board</a> of <a href="http://www.abcworld.org/ ">American Board of Certification</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> is also one of the founders of the <a href="http://www.bankruptcylawnetwork.com/">Bankruptcy Law Network</a>, <a href="http://www.debtlawnetwork.com/">Debt Law Network</a>, <a href="http://www.creditlawnetwork.com/">Credit Law Network</a>, and <a href="http://www.creditlawnetwork.com/">Mortgage Law Network</a>.  Mr. Dellutri also writes for the firm's <a href="http://www.floridainjuryandaccidentlawyerblog.com/">personal injury litigation blog</a>.  Mr. Dellutri also writes for the firm's <a href="http://www.floridabankruptcylawyerblog.com/  ">bankruptcy blog</a>.    </p>]]>
    </content>
</entry>
<entry>
    <title>As Bank Debt Grows Modifications Slow !</title>
    <link rel="alternate" type="text/html" href="http://www.floridamortgagemodificationlawyer.com/2009/08/as_bank_debt_grows_modificatio.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridamortgagemodificationlawyer.com/cgi-bin/mt-atom.cgi/weblog/blog_id=402/entry_id=53653" title="As Bank Debt Grows Modifications Slow !" />
    <id>tag:www.floridamortgagemodificationlawyer.com,2009://402.53653</id>
    
    <published>2009-08-18T12:42:43Z</published>
    <updated>2009-08-18T13:47:58Z</updated>
    
    <summary>The News-Press published a little article on page B-10 this morning about the amount of bank debt among local banks. It appears that some local banks have significant debt problems. The article compared local banks, and their non-accruing real estate...</summary>
    <author>
        <name>Carmen Dellutri</name>
        <uri>http://www.dellutrilawgroup.com/</uri>
    </author>
            <category term="Florida Mortgage Law" />
            <category term="Florida Mortgages" />
            <category term="Mortgage Modifications in Bankruptcy" />
    
    <content type="html" xml:lang="en" xml:base="http://www.floridamortgagemodificationlawyer.com/">
        <![CDATA[<p>The News-Press published a little article on page B-10 this morning about the amount of bank debt among local banks.  It appears that some local banks have significant debt problems.  The article compared local banks, and their non-accruing real estate debt, from the second quarter of 2008 to the second quarter of 2009.  It's not pretty.</p>

<p>Lee County Banks</p>

<p><a href="http://www.fcb-yourbank.com/">First Community Bank of Southwest Florida</a>  From:  $3 mill         To: $14.7 mill<br />
<a href="http://www.cbswf.com/">Commerce Bank of Southwest Florida</a>          From:  $1.6 mill      To: $12.7 mill<br />
<a href="https://www.busey.com/home/home">Busey Bank, N.A. </a>                                      From:  $ 14 mill      To: $ 33.7 mill</p>

<p>Collier County Banks Highlights:</p>

<p><a href="http://www.hillcrestbankfl.com/">Hillcrest Bank of Florida  </a>                             From: $1.1 mill         To: $21.7 mill<br />
<a href="https://www.liberty-bank.com/default.asp">Liberty Bank </a>                                              From: $5.5 mill         To: $15.5 mill<br />
<a href="http://www.bankofnaples.com/">Bank of Naples </a>                                          From: $2.5 mill         To:  $7.5 mill<br />
<a href="http://www.royalpalmbank.com/">Royal Palm Bank of Florida </a>                        From: $6.9 mill          To: $19.7 mill<br />
<a href="http://bankofflorida.com/AboutBankofFlorida/BankofFloridaBankingCenters.aspx">Bank of Florida Southwest</a>                           From: $17.5 mil         To: $ 83.7 mill<br />
<a href="http://www.tibbank.com/">TIB Bank</a>                                                    From: $19.5 mill        To: $57.7 mill<br />
<a href="http://www.orionbank.com/">Orion Bank  </a>                                               From: $106.8 mill      To: $210.4 mill<br />
<a href="http://www.floridacommunitybank.net/">Florida Community Bank</a>                             From: $102 mill          To: $175.4 mill</p>

<p>These numbers are scary in and of themselves.  Just imagine the lost revenue for the banks.  How do they continue lending when they are not making ends meet themselves?  It's not like there are companies beating down their doors to buy these loans at this time?</p>

<p>Even more interesting is the disparity between Lee and Collier Counties.  Is it that more loans in Collier County are going into default?  Or, are there less loans in Collier County with higher amounts defaulting? </p>]]>
        <![CDATA[<p>Likewise, what do you think the rate of new loans will be?  Do you think the banks are going to be lending boatloads of money right now on refinances or new mortgages?  Probably not.  What about modifying your mortgage with one of these banks?  I would like to know their rate of modifications at this point?</p>

<p>I wish the News Press would elaborate on this story, as I thought it deserved much more attention than it received.  Also, this is a great reason why Congress needs to rethink the Bankruptcy Code for two reason, debt limits in a Chapter 13 and modifications of first mortgages on homesteads.</p>

<p>This post was submitted by <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Carmen Dellutri, Esq</a>., founder of <a href="http://www.dellutrilawgroup.com/bank/faq.htm  ">The Dellutri Law Group, P.A.</a>  Currently, the firm has offices in <a href="http://www.sun-herald.com/   ">Port Charlotte,</a> <a href="http://www.cityftmyers.com/   ">Fort Myers</a>, <a href="http://www.naples-florida.com/   ">Naples</a> and <a href="http://www.sarasotafl.org/ ">Sarasota</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> also sits on the <a href="http://www.abcworld.org/board/">Board</a> of <a href="http://www.abcworld.org/ ">American Board of Certification</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> is also one of the founders of the <a href="http://www.bankruptcylawnetwork.com/">Bankruptcy Law Network</a>, <a href="http://www.debtlawnetwork.com/">Debt Law Network</a>, <a href="http://www.creditlawnetwork.com/">Credit Law Network</a>, and <a href="http://www.creditlawnetwork.com/">Mortgage Law Network</a>.  Mr. Dellutri also writes for the firm's <a href="http://www.floridainjuryandaccidentlawyerblog.com/">personal injury litigation blog</a>.  Mr. Dellutri also writes for the firm's <a href="http://www.floridabankruptcylawyerblog.com/  ">bankruptcy blog</a>.    <br />
   </p>]]>
    </content>
</entry>
<entry>
    <title>Fort Myers, Cape Coral and Lehigh Real Estate:  Where Are We Going?</title>
    <link rel="alternate" type="text/html" href="http://www.floridamortgagemodificationlawyer.com/2009/08/fort_myers_cape_coral_and_lehi.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridamortgagemodificationlawyer.com/cgi-bin/mt-atom.cgi/weblog/blog_id=402/entry_id=53297" title="Fort Myers, Cape Coral and Lehigh Real Estate:  Where Are We Going?" />
    <id>tag:www.floridamortgagemodificationlawyer.com,2009://402.53297</id>
    
    <published>2009-08-13T12:34:46Z</published>
    <updated>2009-08-13T13:05:07Z</updated>
    
    <summary>I live in Southwest Florida. I represent people who live in Fort Myers, Lehigh Acres, Cape Coral, Naples, Port Charlotte and Sarasota in Bankruptcy and Foreclosure Defense. Today I read an article that made me sick. The article stated that...</summary>
    <author>
        <name>Carmen Dellutri</name>
        <uri>http://www.dellutrilawgroup.com/</uri>
    </author>
            <category term="Florida Mortgage Law" />
            <category term="Florida Mortgages" />
    
    <content type="html" xml:lang="en" xml:base="http://www.floridamortgagemodificationlawyer.com/">
        <![CDATA[<p>I live in <a href="http://www.southwestfloridatravelguide.com/">Southwest Florida</a>.  I represent people who live in <a href="http://www.cityftmyers.com/">Fort Myers</a>, <a href="http://www.lehighacreschamber.org/">Lehigh Acres</a>, <a href="http://www.capecoral.net/">Cape Coral</a>, <a href="http://www.naples-florida.com/">Naples</a>,<a href="http://www.sun-herald.com/"> Port Charlotte</a> and <a href="http://www.sarasotagov.com/index2.html">Sarasota</a> in <a href="http://www.floridabankruptcylawyerblog.com/">Bankruptcy</a> and Foreclosure Defense.  Today I read an article that made me sick.  The article stated that nearly 1 out of 4 homeowners were under water on their homes. In October of 2008, I wrote a blog for our <a href="http://www.floridabankruptcylawyerblog.com/">bankruptcy blog</a> entitled:  <a href="http://www.floridabankruptcylawyerblog.com/2008/10/how_many_southwest_florida_res_1.html">How many Southwest Florida Residents' Homes are Underwater?</a></p>

<p>Additionally, I wrote for the <a href="http://www.mortgagelawnetwork.com/">Mortgage Law Network </a>about <a href="http://www.mortgagelawnetwork.com/more-homeowners-are-underwater-on-their-mortgages/">how many homeowners were underwater nationwide</a>.</p>]]>
        <![CDATA[<p>Now, there is another worry.  It is being predicted that over 30% of United States homes will be underwater by the middle of 2010.  The reason is the constant flow of foreclosures and the horrible job market.</p>

<p>So, what does a person do?  First, while an investment in real estate may seem like a good deal.  I'm not so sure that it is the best time to buy????   Another six months may change your mind.  Likewise, with so many more houses going underwater and the ever-flowing number of foreclosures, more houses are going to be up for short sales.</p>

<p>Deutsche Bank is predicting that almost one half of U.S. homes will be upside down before the end of the housing crisis.  If that is true, then we are only at the half way point.  Obviously, this information does not jib with the recent flurry of information about the U.S. turning the corner on the recession.  In other words, someone is not telling the truth.</p>

<p>I will continue to monitor the situation.</p>

<p>This post was submitted by <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Carmen Dellutri, Esq</a>., founder of <a href="http://www.dellutrilawgroup.com/bank/faq.htm  ">The Dellutri Law Group, P.A.</a>  Currently, the firm has offices in <a href="http://www.sun-herald.com/   ">Port Charlotte,</a> <a href="http://www.cityftmyers.com/   ">Fort Myers</a>, <a href="http://www.naples-florida.com/   ">Naples</a> and <a href="http://www.sarasotafl.org/ ">Sarasota</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> also sits on the <a href="http://www.abcworld.org/board/">Board</a> of <a href="http://www.abcworld.org/ ">American Board of Certification</a>.  <a href="http://www.dellutrilawgroup.com/bank/who.htm  ">Mr. Dellutri</a> is also one of the founders of the <a href="http://www.bankruptcylawnetwork.com/">Bankruptcy Law Network</a>, <a href="http://www.debtlawnetwork.com/">Debt Law Network</a>, <a href="http://www.creditlawnetwork.com/">Credit Law Network</a>, and <a href="http://www.creditlawnetwork.com/">Mortgage Law Network</a>.  Mr. Dellutri also writes for the firm's <a href="http://www.floridainjuryandaccidentlawyerblog.com/">personal injury litigation blog</a>.  Mr. Dellutri also writes for the firm's <a href="http://www.floridabankruptcylawyerblog.com/  ">bankruptcy blog</a>.    </p>

<p><a href="http://www.dellutrilawgroup.com/lawyer-attorney-1247325.html">Carmen Dellutri, Esq.</a></p>]]>
    </content>
</entry>

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